International law and proceedings

International commercial dispute: jurisdiction, applicable law and enforcement

Where the contract, parties, assets or evidence are connected with several countries, procedural strategy cannot be limited to one state’s substantive law.

Where the dispute should be heard

Jurisdiction may depend on an agreement between the parties, the defendant’s domicile, place of performance and special EU or international procedural rules.

Which law applies

The forum and the applicable substantive law are separate questions. Choice-of-law clauses, mandatory rules and conflict-of-laws rules should be assessed independently.

Evidence and service

Cross-border proceedings may require service abroad, translations, obtaining evidence in another state and coordination with local counsel.

Enforcement

Before proceedings begin, it is useful to identify where the counterparty’s assets are and how the judgment will be recognised and enforced.

This article provides general information only and is not individual legal advice. The appropriate legal route depends on the facts and the law applicable at the relevant time.